Search for: ""duty to warn""
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31 May 2012, 10:53 am
The Court held that a premise possessor does not have the duty to warn an invitee, such as the plaintiff, if the danger is known to the invitee or so obvious it would be reasonable for the invitee to discover it. [read post]
25 May 2012, 12:49 pm
As a result of the manufacturers' faulty production of vital components to the truck and their failure to satisfy their standard of duty to warn, Mariolle suffered permanent injuries. [read post]
22 May 2012, 2:55 pm
There is no duty to warn others when the defect is an open and obvious condition which is not inherently dangerous. [read post]
22 May 2012, 11:27 am
In essence, the Eleventh Circuit found plaintiffs’ "argument – that because defendants developed and marketed Vista Lakes, they had a duty to warn prospective purchasers of Pinecastle’s existence – without merit. [read post]
18 May 2012, 4:44 pm
As far as licensees, the landowner owes a duty to warn of or to make safe hidden dangers known to the landowner and a duty not to intentionally, wilfully, or through gross negligence cause injury. [read post]
10 May 2012, 5:00 am
¶285.When a duty to warn arose could not be common because the warnings were changed numerous times since the drug was on the market, and thus were not the same throughout the class. [read post]
9 May 2012, 12:51 pm
When a traditional duty, such as failure to warn of a risk, doesn’t work, new alleged duties seem to crop up. [read post]
8 May 2012, 4:30 am
Second, the risk of heart attack after drinking two gallons of Coke daily is not a risk of which Coca-Cola has a duty to warn. [read post]
6 May 2012, 6:51 am
As such, the Lichtensteins had no further duty to warn him of anything. [read post]
3 May 2012, 12:57 pm
” This means that the manufacturer’s duty to warn of risks associated with a drug is directed to the doctor, not the patient. [read post]
23 Apr 2012, 5:00 pm
” This ruling upholds precedence in Illinois case law that employers have a duty to warn the immediate family members of their employees who are at risk of being exposed to asbestos. [read post]
19 Apr 2012, 7:08 pm
In Mensing, the Supreme Court ruled that FDA’s regulations preventing generic drug manufacturers from changing their labeling except to mirror the label of the brand-name, Reference Listed Drug (“RLD”) manufacturer (whose drug product is approved under an NDA) preempt state-law failure-to-warn claims against generic drug manufacturers, because generic drug manufacturers are unable to comply with both federal and state duties to warn. [read post]
18 Apr 2012, 1:20 pm
The court rejected this argument, noting that the bank had no duty to warn Mr. [read post]
17 Apr 2012, 10:02 am
In this case, the duty of manufacturers under federal law to report to the FDA information regarding their devices is not tied directly to the duty of manufacturers under state law to warn consumers of a device’s dangerous condition. [read post]
11 Apr 2012, 4:53 pm
It is well settled that a landowner is under no duty to warn of a dangerous condition that is open and obvious. [read post]
10 Apr 2012, 10:02 am
Thus the question became whether the previous New York state law applied to the defendant's duty to warn or the federal law created later. [read post]
9 Apr 2012, 9:39 am
Because this was a state highway, the town argued that they had no duty to warn of any unsafe conditions or make the road safe. [read post]
9 Apr 2012, 8:33 am
In order to prevent New York personal injuries, states and cities have a duty to keep the roads safe and to warn the public of dangers on their roads. [read post]
2 Apr 2012, 9:16 am
At the same time, the name brand drug has the duty to warn, so if they don’t, they can be held responsible for the injuries. [read post]
31 Mar 2012, 12:40 pm
" While the property owner has no duty to warn an invitee about "open and obvious" dangers, it nevertheless retains the duty to repair such conditions unless the condition is "so obvious and not inherently dangerous that they can be said... not to constitute a dangerous condition. [read post]
